Emotions and culpability:how the law is at odds with psychology, jurors, and itself
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Main Authors: | |
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Group Author: | |
Published: |
American Psychological Association,
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Publisher Address: | Washington, DC |
Publication Dates: | c2006. |
Literature type: | Book |
Language: | English |
Series: |
The law and public policy |
Subjects: | |
Carrier Form: | xv, 312 p.: ; 26 cm. |
ISBN: |
1591474167 9781591474166 |
Index Number: | D90 |
CLC: | D90-054 |
Call Number: | D90-054/F499 |
Contents: |
Includes bibliographical references (p. 265-284) and indexes. I. Defining the ground, and providing a psychological context for the emotions -- When the law's story of emotion and culpability is at odds with human nature -- Within a normative law, can psychology's place still be defended? -- Emotions in folk psychology -- Emotions in academic psychology: implications for culpability and the law --The emotional palette -- II. Analyses and comparisons of the law's emotion and culpability theories -- Murder's incongruities: criminal law from civil law, malice and emotions denuded, and where intent matters not --Manslaughter's failing theories of mitigation: emotions bound by objective rules, or an unrestrained subjectivity? --Insanity I: the prototypic, yet problematic, excusing condition -- Insanity II: its disconnect, defect of reason, and incapacity -- Where self-defense's justification blurs into excuse: a defensible theory, with fitting verdicts, for mistaken self-defense -- III. Concluding thoughts: psychology's informing function -- Moving the law towards a coherent culpability story -- A reformulation, and concluding recommendations references. |